Editore"s Note
Tilting at Windmills

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August 22, 2009

CRAZY LIKE A FOXX.... Rep. Virginia Foxx (R) of North Carolina has already contributed so much to the health care debate. It was Foxx, after all, who argued a month ago, "There are no Americans who don't have healthcare. Everybody in this country has access to healthcare." She added that reform would "give the government control of our lives."

A week later, Foxx insisted that health care reform would "put seniors in a position" in which they may be "put to death by their government."

And Thursday, Foxx was at it again, this time making a constitutional argument.

"The Constitution doesn't grant a right to health care, and most of us are living as much by the Constitution as we can. It also doesn't give the federal government the authority to deal with health care. As you may know, the 10th amendment, it says if it isn't mentioned in the Constitution to be done by the federal government, it's left to the states or the people."

Obviously, facts haven't played much of a role in the right's opposition to reform, so this kind of nonsense isn't surprising. But in case anyone's tempted to take this seriously, the Constitution empowers Congress to "lay and collect taxes, duties, imposts and excises," to "provide for" the "general welfare" of the United States, and to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other Powers vested by this Constitution in the government of the United States, or in any department or officer thereof." As Matthew DeLong recently noted, "I'm no constitutional scholar, but enacting laws to reform the health care system to help provide insurance to the roughly 45 million Americans currently going without sounds like it might be covered under a reasonable reading of the 'general welfare' clause."

Ian Millhiser summarized the larger context nicely: "It's important to note just how radical Bachmann's theory of the Constitution is. If Congress does not have the power to create a modest public option which competes with private health plans in the marketplace, then it certainly does not have the authority to create Medicare. Similarly, Congress' power to spend money to benefit the general welfare is the basis for Social Security, federal education funding, Medicaid, and veterans benefits such as the VA health system and the GI Bill."

That said, I'd like to encourage Foxx to pursue her beliefs sincerely. If she believes her own rhetoric, Foxx should use her role as a federal lawmaker to pursue the dictates of her constitutional scholarship. In other words, it's incumbent on Foxx to file legislation to dismantle Medicare and Social Security. That, or she should assemble a legal team and challenge the programs' constitutionality in federal court. Go big or go home. Put up or shut up.

If Foxx means what she says, and she takes constitutional law seriously, this is the obvious course of action. If she doesn't mean what she says, Foxx probably ought to stick to the usual right-wing nonsense and skip the 10th Amendment argument.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (28)

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Comments

Indeed. She can also work to stop that unconstitutional federal aid to the states. The Constitution absolutely DOES NOT mention highways, airports, or education--so she can get busy writing legislation to eliminate federal funding for those things. (Note the major bonus of also undercutting the stimulus!!!)

Maybe when her state reaches 40% unemployment, she'll think better of those big, bad federal subsidies. Or maybe she doesn't think they're so bad right now?

Posted by: Domage on August 22, 2009 at 8:12 AM | PERMALINK

I believe that the Republicans are just talking to their base of support. Since this base will believe anything they (or Rush or Fox News) say without bothering to check the facts, there is no regard for truth. As the Birthers try to discredit the legitimacy of a Democratically elected president with nonsense, and as the Screamers try to discredit and distort what's actually in the health reform proposals, now the tack is to discredit the actual legislative process, and the constitutionality of that process and the legislation itself. The base will then start saying: "They're cramming this stuff down our throats by using the 'Nuclear Option' - they're passing legislation in the Senate with less than 80 votes - how Undemocratic! How Uncostitutional! It's time to revolt!" Truth is irrelevant. Truth is whatever Rush Limbaugh says.

Posted by: delNorte on August 22, 2009 at 8:13 AM | PERMALINK

http://www.reuters.com/article/newsOne/idUSTRE57K4XE20090821

Hey, 2Trillion in sprinkles on top of the runaway inflationary and huge middle class tax increasing ice cream cone budget could be construed as, most emphatically, not promoting the "general effin' welfare" of a lot of Americans; those Americans who actually, er, row the boat so to speak.

Posted by: tao9 on August 22, 2009 at 8:22 AM | PERMALINK

Comparing health care "reform" to Medicare and Social Security is irresponsible.

Medicare and Social Security were passed by bipartisan majorities under democratically elected presidents.

Health care "reform" is being shoved down America's throat by a Kenyan illegal immigrant who wasn't properly sworn in.

Posted by: Al on August 22, 2009 at 8:27 AM | PERMALINK

Great. In a post about crazy like a Foxx, I have to read about my own personal nemesis, Bachmann. I can't get away from her.

And, if we can spend a gazillion dollars on our two ongoing, wars, I suppose is the right word, that in no way contribute to the general welfare of the people of this country, we sure as hell can have universal healthcare under the same rubric.

Posted by: asiangrrlMN on August 22, 2009 at 8:28 AM | PERMALINK

"The Constitution doesn't grant a right to health care..."

She woke up one day and did a word search for "healthcare" in the Constitution and, Viola! She got 0 returns!

Therefore, the Constitution doesn't grant a right to healthcare! She's right as rain.

Posted by: ChrisNBama on August 22, 2009 at 8:48 AM | PERMALINK

Is there not a single wingnut who's heard of the Ninth Amendment?


.

Posted by: spork_incident on August 22, 2009 at 8:49 AM | PERMALINK

nope. all they care about are numbers two and ten.

Posted by: mellowjohn on August 22, 2009 at 8:53 AM | PERMALINK

Wingnuts don't care about the 10th Amendment. Their support for Dubya is enough proof of that. They just actively hate the 13th, 14th, and 15th Amendments.

Posted by: ... on August 22, 2009 at 9:01 AM | PERMALINK

The Constitution absolutely DOES NOT mention highways, airports, or education

Actually, it does mention highways, just under a slightly different name. See Article I, Sec. 8, clause 7: "The Congress shall have Power * * * To establish Post Offices and post roads."

Posted by: Just Dropping By on August 22, 2009 at 9:08 AM | PERMALINK

SCOTUS has already ruled that their is no judicially protected sphere of power for states, but that such questions should be resolved through the national political process. How else would NCLB be constitutional?

Posted by: kp on August 22, 2009 at 9:14 AM | PERMALINK

Hey, 2Trillion in sprinkles on top of the runaway inflationary and huge middle class tax increasing ice cream cone budget could be construed as, most emphatically, not promoting the "general effin' welfare" of a lot of Americans; those Americans who actually, er, row the boat so to speak.

You forgot
and also

Posted by: FRP on August 22, 2009 at 9:20 AM | PERMALINK

"Maybe when her state reaches 40% unemployment, she'll think better of those big, bad federal subsidies. Or maybe she doesn't think they're so bad right now?
Posted by: Domage on August 22, 2009 at 8:12 AM | PERMALINK"

Those wonderful federal subsidies are monies that were stolen at gunpoint from her constituents by the federal government.

How kind of them to consider giving some back.

Posted by: JW on August 22, 2009 at 9:35 AM | PERMALINK

Bush spies on innocent Americans without a warrant...no Republican concerns about the Constitution.

Bush imprisons American citizens without trial, most later proven guilty of nothing...no Republican concerns about the Constitution.

This could go on forever -- the listing of ACTUAL Bush transgressions against the Constitution and several federal laws -- but what's the point? These Republicans are completely bats! Suddenly, someone tries to give folks access to a basic human right, the right to medical treatment when ill, and these Republicans are suddenly worried about the Constitution?

Wow! These people are, well, sick...in the head!

Posted by: Ralph Kramden on August 22, 2009 at 9:38 AM | PERMALINK

virginia foxx has that great southern streak of meanness that borders on the psychotic -- a little cultural giftie for that region of slavery and hate.

she has her tribe of white southern rich folk, and everybody else is sub-human. she could care less about her congressional district constituents earning under 250K a year. they all should only end up with what trickles down from the masters' tables -- ever.

Posted by: neill on August 22, 2009 at 10:25 AM | PERMALINK

Another irritable mental gesture which seeks to resemble an idea.

Posted by: Davis X. Machina on August 22, 2009 at 10:34 AM | PERMALINK

Hey Al,

We don't like you troglodites on our blog. Go back to Rushville where your ignorant ravings will be appreciated and your doggie bone awaits you.

Posted by: robert on August 22, 2009 at 11:42 AM | PERMALINK

awww, we need al to keep it unreal.

helps us understand what is unreally going on...

Posted by: neill on August 22, 2009 at 11:56 AM | PERMALINK

Quote from President Obama's Health Care Reform Advisor,

uoth Ezekiel Emmanuel:

“[S]ervices provided to individuals who are irreversibly prevented from being or becoming participating citizens [in the body politic] are not basic and should not be guaranteed.”

Translation: if you can’t vote, you don’t deserve to live. Which, for advocates of the disabled, ought to give just a little pause. All those developmentally disabled adults dependent on charity and/or Uncle Sam for their bed and board? d 'Drop dead'. Anybody who’s had enough of a stroke that they can’t clearly articulate their wishes? 'Drop Dead' Dementia? Drop Dead. Mental illness? 'Drop Dead'.

Which is especially cruel, because every one of those groups I just named really does need a little extra help from government(nothing special) and support for living, and we as a nation have supported them better than anyone else. But not any more, if the President and his “social utility”squads have their way.

So when President Obama claims their will be no "death panels" in his health care reform plans, why then does he have Dr. Death as one of his health care reform advisers. Moreover, why is he reducing the Medicare budget by 500 billion when a 30% increase in enrollment is about to occur with the "baby boomer" generation entering their senior years? Where there is smoke there is fire and that is why so many people are rightly concerned about the government becoming a prime decision maker in how the health care dollar is spent.

Posted by: Simpson on August 22, 2009 at 12:01 PM | PERMALINK

Two words come to mind upon seeing Rep. Foxx spew vitriol - OH GOD! Then, ancillary cognition prevails with follow ups such as Oh God why are you testing us with false prophets! -Kevo

Posted by: kevo on August 22, 2009 at 12:31 PM | PERMALINK

A couple of GOP lawyers make the case today in the Washington Post that the individual mandate to buy health insurance doesn't pass Constitutional muster. I'm not a lawyer, so I can't immediately evaluate the credibility of this claim. Anyone members of the bar want to take a crack at it?

These more sophisticated attacks, even if false, are far more dangerous than the wingers spouting bullshit.

Posted by: veblen on August 22, 2009 at 1:20 PM | PERMALINK

Steve - why isn't the major news media scrutinizing such arguments? Why couldn't ABC News, for example, state that Rep. Foxx believes Medicare and Social Security are unconstitutional? Some of the most outlandish points made by the opponents of Health Care Reform seem to get media attention, but not media scrutiny. This is what happened during the time leading up to the invasion of Iraq. I don't know if this is a consequence of corporate media conglomerates owning most of the major news outlets, but it's disheartening to continue seeing such spinelessness.

Posted by: Steven Hickcox on August 22, 2009 at 1:23 PM | PERMALINK

BTW, the two modern cases which these lawyers cite concern limitation on the commerce clause. Both were decided by the Rehnquist Court. Hence given current make up of the Court these guy may be signaling the intent of the right to challenge the law on this basis in the hope that the Roberts Court will follow the lead of the Rehnquist Court in its narrow interpretation of the commerce clause.

Posted by: veblen on August 22, 2009 at 1:29 PM | PERMALINK

Sets up an interesting question, veblen.

Why would Republican lawyers approach a Republican-majority court seeking to stop a program that uses the power of the state to mandate purchase of insurance from major Republican campaign donors?

Do they really want Obama to fail that bad? Or is the proposed must-issue, must-carry not the massive give-away that we've been told it is, and must be stopped to save the insurance companies' bottom lines? Or is it the public option that's unconstitutional -- the notion that the mandate may channel money into the wrong pockets -- Uncle Sam's?

I'm assuming 'a dispassionate attachment to principle' isn't on the menu....

Posted by: Davis X. Machina on August 22, 2009 at 1:35 PM | PERMALINK

entire post by Simpson @ 12:01 PM.
Homer Simpson, right?

Posted by: Doug on August 22, 2009 at 7:32 PM | PERMALINK

Steve, I like that challenge phrase to throw up at dextronuts: "Go big or go home." We should try it more often.
BTW Foxx is nutty, but not so viciously psycho as another VA Repug: Catherine Crabill, the Republican Party Nominee in the 99th House District, of "ballot box or bullet box" fame.

Posted by: Neil B on November 2, 2009 at 4:00 PM | PERMALINK

No, Simpson has a point. It's not our job to adore everything Obama wants or does, in the manner of W-Bush worshipping Republican psychophants (sic).

Posted by: Neil B. ♪ ♫ on November 2, 2009 at 4:03 PM | PERMALINK

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Posted by: Lian on March 24, 2010 at 5:25 AM | PERMALINK
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